Federal Register / Vol. 63, No. 132 / Friday, July 10, 1998 /Rules and Regulations 37249

Dated: June 30, 1998.

William K. Hubbard,

Associate Commissioner for Policy

Coordination.

[FR Doc. 98–18406 Filed 7–9–98; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD01–96–015]

RIN 2115–AE46

Special Local Regulation: Swim

Buzzards Bay Day, New Bedford, MA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is

establishing a permanent special local

regulation for a swimming event known

as Swim Buzzards Bay Day. The event

is held annually on a day during the last

weekend of July or first weekend in

August. This swimming event takes

place in Buzzards Bay, on the Acushnet

River. The actual date time will be

published in a Federal Register

document. This regulation is needed to

protect the participants from vessel

traffic during the swimming event.

DATES: This section is effective on July

24, 1998.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Timothy J. Carton, Office of

Search and Rescue, First Coast Guard

District, (617) 223–8460.

SUPPLEMENTARY INFORMATION:

Regulatory History

A notice of proposed rulemaking

(NPRM) was published on May 6, 1996

(61 FR 20196) proposing the

establishment of a permanent special

local regulation for the annual

swimming competition, Swim Buzzards

Bay Day, New Bedford, MA. The NPRM

proposed to restrict vessels from

approaching within 200 feet of any

participating swimmer to ensure the

safety of participants during the event.

No comments were received and no

hearing was requested.

Background and Purpose

The annual Swim Buzzards Bay Day

is a local, traditional event that has been

held for many years on the Acushnet

River, New Bedford/Fairhaven, MA. In

the past, the Coast Guard has

promulgated individual regulations for

the event. Given the recurring nature of

the event, the Coast Guard is

establishing a permanent regulation.

This rule establishes a permanent

regulation for an annual event to be held

during the last week of July or first week

in August on the Acushnet River. This

rule restricts vessels from approaching

within 200 feet of participating

swimmers.

The event will consist of

approximately 50 swimmers

transversing the Acushnet River from

Fort Phoenix Beach in Fairhaven, MA,

to Billy Woods Wharf in New Bedford,

MA. There will be one rowing skiff per

participant, along with sponsor

provided vessels on scene to augment a

Coast Guard patrol to alert boating

traffic of the presence of the swimmers.

The time period for the event is dictated

by tidal conditions. Subject to Coast

Guard approval, the sponsor selects a

day during the last weekend of July or

the first weekend of August that most

closely exhibits low tide at a daytime

hour reasonable for holding the event.

Spectator craft are authorized to watch

the race from any area as long as they

remain 200 feet away from any

participating swimmer. In emergency

situations, provisions may be made to

establish safe escort by a Coast Guard or

Coast Guard designated vessel for

vessels requiring transit within 200 feet

of participating swimmers.

Good cause exists for providing this

rule to become effective in less than 30

days. This rule is being made effective

less than 30 days after publication due

to the need to publish a notice in the

Federal Register, which will provide an

exact date and time of the annual event.

Any delay encountered in effecting this

rule would be contrary to the public

interest, as the rule is needed to ensure

the safety of the boating pubic during

this event.

Regulatory Evaluation

This rule is not a significant

regulatory action under section 3(f) of

Executive Order 12866, and does not

require an assessment of potential costs

and benefits under section 6(a)(3) of that

order. The Office of Management and

Budget has exempted it from review

under that order. It is not significant

under the regulatory policies and

procedures of the Department of

Transportation (DOT) (44 FR 11040;

February 26, 1979). The Coast Guard

expects the economic impact of this rule

to be so minimal that a full Regulatory

Evaluation, under paragraph 10e of the

regulatory policies and procedures of

DOT, is unnecessary. This conclusion is

based on the limited duration of the

event, the extensive advisories that will

be made to the affected maritime

community and the minimal restrictions

that the regulation places on vessel

traffic.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

considered whether this rule would

have a significant economic impact on

a substantial number of small entities.

‘‘Small entities’’ may include (1) small

businesses and not-for-profit

organizations that are independently

owned and operated and are not

dominant in their fields and (2)

governmental jurisdictions with

populations of less than 50,000.

For the reasons discussed in the

Regulatory Evaluation, the Coast Guard

certifies under 5 U.S.C. 605(b) that this

rule will not have a significant

economic impact on a substantial

number of small entities.

Collection of Information

This rule contains no collection of

information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this

rule under the principles and a criterion

contained in Executive Order 12612 and

has determined that this rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Environment

The Coast Guard has considered the

environmental impact of this final rule

and concluded that under Figure 2–1,

paragraph 34(h), of Commandant

Instruction M16475.1C, this rule is

categorically excluded from further

environmental documentation.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water),

Reporting and recordkeeping

requirements, Waterways.

Final Regulation

For the reasons set out in the

preamble, the Coast Guard is amending

33 CFR Part 100 as follows:

1. The authority citation for Part 100

continues to read as follows:

Authority: 33 U.S.C. 1233; 49 CFR 1.46 and

33 CFR 100.35.

2. A new section, 100.116, is added to

read as follows:

§ 100.116 Swim Buzzards Bay Day, New

Bedford, MA.

(a) Regulated Area. All waters of the

Acushnet River, within 200 feet of

participating swimmers.
37250 Federal Register / Vol. 63, No. 132 / Friday, July 10, 1998 /Rules and Regulations

(b) Special Local Regulations. (1) The

Coast Guard patrol commander may

delay, modify, or cancel the race as

conditions or circumstances require.

(2) No person or vessel may enter,

transit, or remain in the regulated area

unless participating in the event or

unless authorized by the Coast Guard

patrol commander.

(3) Vessels encountering emergencies

which require transit through the

regulated area should contact the Coast

Guard patrol commander on VHF

Channel 16. In the event of an

emergency, the Coast Guard patrol

commander may authorize a vessel to

transit through the regulated area with

a Coast Guard designated escort.

(4) All persons and vessels shall

comply with the instructions of the

Coast Guard on-scene patrol

commander. On-scene patrol personnel

include commissioned, warrant, and

petty officers of the U.S. Coast Guard.

Upon hearing five or more short blasts

from a U.S. Coast Guard vessel, the

operator of a vessel shall proceed as

directed. Members of the Coast Guard

Auxiliary may also be present to inform

vessel operators of this section and

other applicable laws.

(c) Effective period. This section is in

effect annually on one day during the

last week of July or first week in August.

Actual dates and time will be published

in a Federal Register document.

Dated: June 24, 1998.

R.M. Larrabee,

Rear Admiral, U.S. Coast Guard, Commander,

First Coast Guard District.

[FR Doc. 98–18392 Filed 7–9–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05–97–080]

RIN 2115–AE47

Drawbridge Operation Regulations;

Beaufort Channel, Beaufort, North

Carolina

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is changing

the regulations that govern the operation

of the Greydon Paul Drawbridge on US

70 across Beaufort Channel, (also known

as Gallant’s Channel) mile 0.1, located

in Beaufort, North Carolina, at the

request of the North Carolina

Department of Transportation.

The final rule eliminates drawbridge

openings at 7:40 a.m., 8:40 a.m., 4:40

p.m., and 5:40 p.m. on weekdays only.

All other provisions of the existing

regulations for this bridge remain the

same. This final rule is intended to

reduce motor vehicular delays and

congestion related to commuter traffic

going to and from work in the mornings

and evenings, while still providing for

the reasonable needs of navigation.

DATES: This final rule is effective on

August 10, 1998.

ADDRESSES: Documents as indicated in

this preamble are available for

inspection for copying at the office of

the Commander (Aowb), Fifth Coast

Guard District, Federal Building, 4th

Floor, 431 Crawford Street, Portsmouth,

Virginia 23704–5004, between 8 a.m.

and 4:30 p.m., Monday through Friday,

except Federal holidays. The telephone

number is (757) 398–6222.

FOR FURTHER INFORMATION CONTACT: Ann

Deaton, Bridge Administrator, Fifth

Coast Guard District (757) 398–6222.

SUPPLEMENTARY INFORMATION:

Regulatory History

On December 17, 1997, the Coast

Guard published a Notice of Proposed

Rulemaking (NPRM) entitled

‘‘Drawbridge Operation Regulations;

Beaufort Channel, Beaufort, North

Carolina’’ in the Federal Register (62 FR

66039). The Coast Guard received 21

letters commenting on the proposed

rulemaking. No public hearing was

requested and none was held.

Background and Purpose

The Greydon Paul Drawbridge across

Beaufort Channel, located in Beaufort,

North Carolina, is owned and operated

by the North Carolina Department of

Transportation (NCDOT). The current

regulations at 33 CFR 117.822 require

the bridge to open on signal except that

from 6 a.m. to 10 p.m., the draw opens

on signal for all vessels waiting to pass

every hour on the hour, twenty minutes

past the hour and forty minutes past the

hour.

NCDOT requested that openings of

the Greydon Paul Drawbridge be further

restricted during weekday morning and

evening rush hours. This request to

change the current regulation is based

on heavy vehicular commuter traffic

traveling to and from the town of

Beaufort during peak rush hour periods.

The Greydon Paul Drawbridge is located

on US Highway 70, which is the only

corridor entering and exiting the town

of Beaufort from Morehead City, North

Carolina. During rush hour periods,

drawbridge openings create long traffic

backups often extending for 6 to 7 miles.

The heavy congestion often results in

vehicular accidents. NCDOT contended

that by eliminating one scheduled

opening per hour during rush hours,

vehicular traffic congestion on US

Highway 70 will be reduced and

highway safety will be increased

without placing undue hardship on

vessel traffic.

NCDOT provided the Coast Guard

with statistical data which shows the

total number of openings and of vessels

passing through the Beaufort Bridge at

the regularly scheduled 7:40 a.m., 8:40

a.m., 4:40 p.m., and 5:40 p.m. openings

during August, 1997, which is one of

the peak summer months for boating

traffic in this area. The data revealed

that only 42 out of a possible 120

drawbridge openings were required at

these scheduled opening times, and a

total of 65 vessels passed through the

bridge. The Coast Guard has determined

that since vessel traffic only needed

35% of these rush hour openings, and

there was minimal vessel traffic at these

times, a reduction in the number of

openings will not substantially impact

navigational traffic, but will provide a

positive offsetting benefit to vehicular

traffic.

Therefore, the Coast Guard is

amending 117.822 by eliminating

drawbridge openings at 7:40 a.m., 8:40

a.m., 4:40 p.m., and 5:40 p.m. on

weekdays only, year round. All other

provisions of the existing regulation will

remain the same.

Discussion of Comments and Changes

The Coast Guard received 20

comments on the NPRM in support of

permanently closing the bridge to all

vessel traffic. These comments did not

address the proposed change to the

regulations. One comment was received

requesting no additional restrictions or

changes to the current regulations. Since

all but one of the comments did not

address the proposed change for which

comments were being solicited, and the

Coast Guard has determined

permanently closing the bridge to all

vessel traffic is unreasonable and unfair,

the final rule is being implemented

without change.

Regulatory Evaluation

This final rule is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential costs

and benefits under section 6(a)(3) of that

order. It has been exempted from review

by the Office of Management and

Budget under that order. It is not

significant under the regulatory policies

and procedures of the Department of

Transportation (DOT) (44 FR 11040;

February 26, 1979). The Coast Guard

expects the economic impact of this